Terms of Use
OVERVIEW
Welcome to Neam Apparel! The terms “we,” “us,” “our” and “ours” refer to Neam Apparel. Neam Apparel operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, as a customer, with a personalized shopping experience (the “Services”). Neam Apparel uses the Shopify platform, which allows us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (the “Terms of Use” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Use carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.
ARTICLE 1 – ACCESS AND ACCOUNT
By accepting these Terms of Use, you represent that you have reached the age of majority in your state or province of residence and consent to allow your minor children to use the Services on devices that you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be required to provide certain information, such as your email address and billing, payment and shipping information. You represent and warrant that all information you provide through our stores is accurate, current and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign or license your account to another person.
ARTICLE 2 – OUR PRODUCTS
We have made every effort to accurately display our products and services in our online stores. However, please note that the colors or appearance of products may differ from what is displayed on your screen depending on the type of device you use to access the store, as well as its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is displayed or presented in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to any person, geographic region or jurisdiction on a case-by-case basis.
ARTICLE 3 – ORDERS
When you place an order, you are making an offer to purchase. Neam Apparel reserves the right to accept or refuse your order for any reason, at its discretion. Your order is considered accepted only after written confirmation from Neam Apparel. We must receive and process your payment before your order is validated.
Please carefully review your order before submitting it, as Neam Apparel may not be able to accommodate cancellation requests once the order has been confirmed. If we refuse, modify or cancel your order, we will attempt to contact you using the email address, billing address and/or telephone number provided when placing the order.
Your purchases are subject to the return or exchange terms set out in our Return & Exchange Policy.
You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.
ARTICLE 4 – PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be indicated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping costs, handling fees, customs duties or import fees.
Prices displayed in our online stores may differ from prices offered in physical stores or on other online platforms operated by third parties.
We may offer promotions on our Services from time to time that may affect prices and that are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our stores. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that:
(i) your credit card information is accurate, correct and complete;
(ii) you are authorized to use the card for the purchase;
(iii) the charges incurred will be honored by your card issuer; and
(iv) you will pay all charges at the displayed prices, including shipping and handling fees and all applicable taxes.
ARTICLE 5 – SHIPPING AND DELIVERY
We cannot be held responsible for shipping or delivery delays. All delivery times provided are estimates and are not guaranteed.
We are not responsible for delays caused by carriers, customs procedures or any event beyond our control.
Once the products are handed over to the carrier, ownership and risk of loss are transferred to you.
ARTICLE 6 – INTELLECTUAL PROPERTY
Our Services, including, without limitation, all trademarks, trade names, text, displays, images, graphics, product reviews, videos and audio content, as well as their design, selection and arrangement, are the exclusive property of Neam Apparel, its affiliates or its licensors.
They are protected by United States and foreign patent, copyright and intellectual property laws.
These Terms allow you to use the Services solely for personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material available through the Services without our prior written consent.
Except as expressly provided in these Terms, nothing shall be construed as granting you any license or other right to any patent, trademark, copyright or other intellectual property of Neam Apparel, Shopify or any third party.
Unauthorized use of the Services may constitute a violation of federal or state intellectual property laws. All rights not expressly granted in these Terms are reserved by Neam Apparel.
The names, logos, product and service names, designs and slogans of Neam Apparel are trademarks of Neam Apparel, its affiliates or its licensors. You may not use them without the prior written permission of Neam Apparel.
The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are trademarks of their respective owners.
ARTICLE 7 – OPTIONAL TOOLS
You may have access to third-party customer tools through the Services that we neither monitor nor control and to which we have no input.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations or conditions of any kind and without endorsement by us.
We assume no liability arising from or related to your use of optional third-party tools.
Your use of optional tools offered through the website is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and agree to the terms applicable to those tools as provided by the relevant third-party providers.
We may also offer new features through the Services in the future, including new tools and resources. Such new features will be considered part of the Services and will be subject to these Terms of Use.
ARTICLE 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including integrated third-party features.
We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites that you choose to access.
If you choose to leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not responsible for any harm or damage related to your access to third-party websites or the purchase or use of products, services, resources or content on such websites.
We encourage you to carefully review the policies and practices of third parties and ensure that you understand them before entering into any transaction.
Claims, complaints, concerns or questions regarding third-party products and services should be directed to the applicable third party.
ARTICLE 9 – RELATIONSHIP WITH SHOPIFY
Neam Apparel is powered by Shopify, which allows us to provide the Services to you.
However, any sale or purchase made through our Store is conducted directly with Neam Apparel.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Neam Apparel, including any damage, injury or loss resulting from products or services purchased.
You expressly release Shopify and its affiliates from any claims, damages or liabilities arising from or related to your purchase and transaction with Neam Apparel.
ARTICLE 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify’s Privacy Policy, available here.
By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve them.
Information you submit through the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than the country where you reside, in order to provide the Services.
Please refer to our Privacy Policy for more details about how we, Shopify and our partners use your personal information.
ARTICLE 11 – FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable and non-exclusive license to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial purposes.
For example, we may use our rights under this license to operate, provide, evaluate, improve and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Use.
You also represent and warrant that:
(i) you own or have all necessary rights to the Feedback;
(ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; and
(iii) your Feedback complies with these Terms.
We are not and will not be obligated to:
(1) maintain the confidentiality of your Feedback;
(2) provide compensation for your Feedback; or
(3) respond to your Feedback.
We may, but are not obligated to, monitor, modify or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable, or that infringes the intellectual property rights of any party or these Terms of Service.
You agree that your Feedback will not violate any third-party rights, including copyrights, trademarks, privacy rights, publicity rights or other personal or proprietary rights.
You further agree that your Feedback will not contain defamatory, unlawful, abusive or obscene material, nor any computer virus or malware that could affect the operation of the Services or any related website.
You may not use a false email address, impersonate another person or mislead us or third parties regarding the origin of any Feedback.
You are solely responsible for your Feedback and its accuracy. We assume no responsibility and accept no liability for Feedback posted by you or any third party.
ARTICLE 12 – ERRORS, INACCURACIES AND OMISSIONS
The Services may occasionally contain information that includes typographical errors, inaccuracies or omissions, particularly concerning product descriptions, prices, promotions, offers, shipping fees, transit times or product availability.
We reserve the right to correct any errors, inaccuracies or omissions, as well as to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after your order has been submitted.
ARTICLE 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes.
You are strictly prohibited from accessing or using the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) in violation of any international, federal, provincial, state or local regulation, rule or law;
(c) in a manner that infringes the intellectual property rights of Neam Apparel, Shopify or third parties;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any of our employees or any other person;
(e) to submit false or misleading information;
(f) to knowingly transmit, receive, upload, use or reuse any content that does not comply with these Terms;
(g) to transmit or cause the transmission of any advertising or promotional material, including “junk mail,” “chain letters,” “spam” or other similar solicitations;
(h) to impersonate or attempt to impersonate any person or entity;
(i) to engage in conduct that may restrict or inhibit anyone’s use or enjoyment of the Services, or that, in our judgment, may harm Neam Apparel, Shopify, users of the Services or expose them to any liability.
In addition, you agree not to:
(a) upload or transmit viruses or any other malicious code that may affect the operation or functioning of the Services;
(b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) engage in spam, phishing, pharming or pretexting through the Services;
(e) use bots, spiders, scraping tools, data collection or extraction tools, automated devices, AI tools, including agentic AI, or any automated or manual means to access the Services;
(f) interfere with, circumvent or disable security or authorization features, robot exclusion headers or any other measures we use to restrict access to the Services.
We reserve the right to suspend, disable or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.
ARTICLE 14 – AGENTS
14.1
This section (“Agent Terms”) applies if you use, authorize, enable or cause the deployment of an Agent to access, use or interact with the Services.
An “Agent” means any software or service that acts autonomously or semi-autonomously on behalf of, or at the direction of, a person or entity and that may operate on a device owned or used by a person without direct supervision.
14.2
No Agent may access, use or interact with the Services unless it continuously identifies itself and operates in strict compliance with the conditions set out in Section 14.4 below.
In addition, no Agent may access, use or interact with the Services if we have instructed that Agent to refrain from accessing, using or interacting with any service.
14.3
We may limit, including through technical measures, the ability and manner in which an Agent accesses, uses and interacts with the Services.
14.4
Agents must:
(i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent’s name by including the following in the user-agent string: “Agent/[agent name]”;
(ii) not conceal or disguise the fact that access, use or interactions originate from an Agent, including by:
(a) imitating human behavior or interaction patterns; or
(b) bypassing or completing CAPTCHAs or measures intended to distinguish computer use from human use;
(iii) respond honestly to any question or prompt intended to determine whether interactions originate from a human or a computer;
(iv) not bypass or avoid any measure intended to block, limit, modify or control Agents’ access to, use of or interactions with the Services.
ARTICLE 15 – TERMINATION
We reserve the right to terminate this agreement or your access to the Services, or any portion thereof, at our sole discretion, at any time and without notice.
You will remain liable for all amounts due up to and including the termination date.
The following Articles will remain in effect after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.
ARTICLE 16 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for informational purposes only.
We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
We disclaim all liability and warranties regarding consequences arising from your use of this information, whether by you, any other visitor to the Services or any person informed of its contents.
UNLESS EXPRESSLY STATED OTHERWISE BY NEAM APPAREL, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
ARTICLE 17 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEAM APPAREL, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARTICLE 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Neam Apparel, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any loss, damage, liability or claim, including reasonable attorneys’ fees, owed to a third party and arising from:
(1) your breach of these Terms of Use or the documents incorporated by reference;
(2) your violation of any law or third-party rights; or
(3) your access to and use of the Services.
We will notify you of any claim covered by this indemnity, provided that failure to promptly notify you will not relieve you of your obligations unless you suffer substantial prejudice.
We may assume the defense and settlement of any claim at your expense, including the selection of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent, which you may not unreasonably withhold.
You will cooperate in the defense of covered claims, including by providing relevant documents.
ARTICLE 19 – SEVERABILITY
If any provision of these Terms of Use is determined to be unlawful, void or unenforceable, that provision will remain enforceable to the maximum extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Use.
Such determination will not affect the validity or enforceability of the remaining provisions.
ARTICLE 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.
These Terms of Use, together with any policies or operating rules posted by us on this website or relating to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service.
They supersede any prior or contemporaneous agreements, communications or proposals, whether oral or written, between you and us, including previous versions of the Terms of Use.
Any ambiguity in the interpretation of these Terms of Use will not be construed against the drafting party.
ARTICLE 21 – ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent.
Any unauthorized attempt to assign these Terms will be null and void.
We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.
ARTICLE 22 – GOVERNING LAW
These Terms of Use, together with any separate agreement through which we provide the Services to you, will be governed by and interpreted in accordance with the federal laws and the laws of the states or territories of the courts having jurisdiction in the jurisdiction where Neam Apparel has its registered office.
You and Neam Apparel expressly consent to the territorial and personal jurisdiction of such courts.
ARTICLE 23 – HEADINGS
The headings used in this agreement are provided for convenience only and will not affect or limit the interpretation of these Terms.
ARTICLE 24 – CHANGES TO THE TERMS OF USE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting updates and changes on our website.
It is your responsibility to check our website periodically for changes.
We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice.
Your continued use of or access to the Services after changes to these Terms are posted constitutes acceptance of those changes.
ARTICLE 25 – CONTACT INFORMATION
For any questions regarding these Terms of Use, please contact us at:
Neam Apparel
neamapparel@hotmail.com
175 chemin Cartier
Saint-Hilarion, QC G0A 3V0
Canada
581-888-0057